Lafortune v. State

District Court of Appeal of Florida

Lafortune v. State

126 So. 3d 441, 2013 WL 5989189, 2013 Fla. App. LEXIS 18008

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 2013

DocketNo. 4D12-2866

StatusPublished

This text of 126 So. 3d 441 (Lafortune v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lafortune v. State, 126 So. 3d 441, 2013 WL 5989189, 2013 Fla. App. LEXIS 18008 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

We reverse the trial court’s summary denial of appellant’s Rule 3.850 motion for postconvicton relief and remand for further proceedings. Although we agree that the transcript of the plea colloquy conelu-[442]*442sively establishes that appellant was aware of the possibility of deportation, this is not alone sufficient as appellant alleges that the plea subjects him to automatic deportation that is clear from the face of the statute. Hernandez v. State, 124 So. 3d 757 (Fla.2012). On remand, in order to be entitled to relief, appellant must establish all the elements set forth in Cano v. State, 112 So.3d 646 (Fla. 4th DCA 2013).

Reversed and Remanded.

DAMOORGIAN, C.J., TAYLOR and CIKLIN, JJ., concur.

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PER CURIAM.

We reverse the trial court’s summary denial of appellant’s Rule 3.850 motion for postconvicton relief and remand for further proceedings. Although we agree that the transcript of the plea colloquy conelu-[442]*442sively establishes that appellant was aware of the possibility of deportation, this is not alone sufficient as appellant alleges that the plea subjects him to automatic deportation that is clear from the face of the statute. Hernandez v. State, 124 So. 3d 757 (Fla.2012). On remand, in order to be entitled to relief, appellant must establish all the elements set forth in Cano v. State, 112 So.3d 646 (Fla. 4th DCA 2013).

Reversed and Remanded.

DAMOORGIAN, C.J., TAYLOR and CIKLIN, JJ., concur.

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Bluebook (online)

126 So. 3d 441, 2013 WL 5989189, 2013 Fla. App. LEXIS 18008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lafortune-v-state-fladistctapp-2013.

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